UVNV Terms & Conditions

These UVNV Terms & Conditions (”UVNV T&Cs”) are part of the Reseller Master Services Agreement (“Agreement”) you entered into with UVNV and constitute part of the binding terms under which we provide you Service. Your acceptance of the Agreement is an acceptance of these UVNV T&Cs, which are incorporated into the Agreement by reference. Your Agreement with us includes, and any reference to the Agreement includes, (i) these UVNV T&Cs, (ii) our Privacy Policy, (iii) our Acceptable Use Policy, (iv) any End User agreement we provide or make available to you, (v) the Rate Plan(s) that you choose as set forth in the Agreement or our written services and transaction materials that we provide or refer you to during the sales transaction, (vi) any confirmation materials that we may provide to you, (vii) the terms set forth in any applicable coverage map brochures, and (viii) any other supplemental terms and conditions that we provide or otherwise make available to you.  In the event of a conflict between these UVNV T&Cs and any other materials that makeup the Agreement, these UVNV T&Cs shall govern to the extent necessary to resolve the conflict. Sections marked “*” continue after termination of our Agreement with you. Capitalized terms in these UVNV T&Cs have the same meaning as in the Agreement. The term “Customer” in these UVNV T&Cs refers collectively to the terms “Reseller”and “End User” as those terms are defined in the Agreement.

What is a Rate Plan?

Your “Rate Plan” includes your Service allotments, for example, for minutes, messages or data, rates, and other terms. UVNV may introduce access to new technologies, features, or services that you can add for an additional charge. You can check your current usage by visiting UVNV's IoT Portal. If any term in your Rate Plan conflicts with these UVNV T&Cs, the term in your Rate Plan governs.

How will I be charged for data usage?

Data service may be included in your Rate Plan or data add-on or you may be charged for data usage on a pay per use basis (“Data Plan”). Your Agreement will contain more information about how we calculate data usage. You can check your current usage by visiting UVNV's IoT Portal. If you do not have a Data Plan, your Device may not be able to access data services.

Where, how, and when does my Service work?

These UVNV T&Cs describe the experience you can expect on the Network, including information about our reasonable Network management practices.

Your experience on the Network may vary and change without notice depending on a variety of factors. You agree that we are not liable for problems relating to Service availability or quality.

Your Service will operate only after you have purchased and activated a UVNV Rate Plan.  

Charges.You agree to pay all charges we bill you or that were accepted or processed through your Device or on such other Devices connected with your account and as designated in your Rate Plan you agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.

Voice Usage. UVNV Rate Plans may include a voice plan as part of your Service.  We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the Carrier begins to process a call through its termination of the call and the Network disconnects.

Data Usage and Messaging. UVNV Rate Plans may include a data plan (“Data Plan”) as part of your Service.  Data usage is rounded up to the next full-kilobyte increment at the end of each data session.   For all UVNV Rate Plans, 1 gigabyte of data is equivalent to 1,000 megabytes.  Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.  All data purchased with an UVNV Rate Plan (both data that comes with a particular UVNV Rate Plan and any additional data you purchase as an add-on) will expire immediately upon termination of your UVNV Rate Plan for any reason.

Permissible and Prohibited Uses. Your Data Plan is intended for the approved Service Applications in the Agreement. Examples of prohibited uses can be found in the Agreement, these UVNV T&Cs and in our Acceptable Use Policy.

Data Usage Level. UVNV has set a 4G data usage level (“Usage Level”) for each of its Rate Plans based on plan period, except for its Pay-Per-Use plans.  For purposes of these UVNV T&Cs, “4G” means minimum data speeds equal to the lesser of (i) an average of 1.0 mbps over a plan period service term, or (ii) the average Network speed in your market over a plan period service term as dictated by the Carrier (over which UVNV has no control).  Our Carrier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable plan period (“Usage Total”), exceeds the plan period's 4G Usage Level for the Rate Plan you selected. Please note that Actual Usage includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as Network overhead. For example, if you request that an image be downloaded to your Device, but travel outside of your Network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Rate Plan that includes a finite amount of data in a plan's Service period, your data will be suspended once you reach the plan period data limit and reset upon the commencement of the following plan period's Service beginning.  If you purchased a Rate Plan that includes unlimited data and you exceed your Rate Plan's Usage Level, UVNV may reduce the speed at which you can send and receive data over the Network until the end of the applicable plan period.  If you continue to send and/or receive a substantial amount of data (as determined by UVNV or the Carrier in each of their sole discretions) after our initial reduction of your data speed, we may further reduce your data speed to 128 kbps.  Once you begin a new plan period in your Rate Plan, your Rate Plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a Customer purchases a Rate Plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data at 4G speeds during a given plan period, then the first gigabyte of data requested by that Customer in that plan period will be provided at up to 4G speeds (subject to 4G Network availability and the actual Network speeds of UVNV's Carrier).  Any data uploaded or downloaded in excess of 1 gigabyte will be provided at reduced speeds. Please be aware that your Usage Level is much more likely to exceed your Rate Plan's plan period Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

Protective Measures. To provide a good experience for the majority of our Customers and minimize capacity issues and degradation in Network performance, we may take measures including temporarily reducing data throughput for a subset of Customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other Customers’ service, affect the Carrier's ability to allocate Network capacity among Customers, or degrade service quality for other Customers, UVNV or the Carrier may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. The Network is managed to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of Network congestion, result in reduced speeds for other services. Additionally, other Network management practices may be implemented, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology, which may affect the performance and download times of data-heavy activities such as video-streaming on some unlimited plans. Streaming video optimization technology is intended to manage data usage on the Network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. Detectable video may typically stream at DVD quality or Standard Definition.

Wi-Fi Features.  UVNV or Carrier, at their sole discretions, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling”).  If offered by UVNV, Wi-Fi Calling will only be available for UVNV Resellers or End Users that (i) have a Wi-Fi capable Device with UVNV supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service.  Not all services available on the Carrier's Network are available while using Wi-Fi Calling.  For example, emergency alerts may not be available with Wi-Fi Calling.  You acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1.  For example, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended.  Location information when using Wi-Fi Calling may be limited or unavailable. When you call 9-1-1 over Wi-Fi away from your primary address, we and the Carrier may have no or very limited information about your location.  Neither UVNV nor the Carrier are responsible or liable for anything related to your use of or inability to use any Wi-Fi Calling MADE AVAILABLE TO you, including, without limitation, any failure of emergency calls (whether 9-1-1 calls or otherwise).  Wi-Fi Calling may decrement Rate Plan minutes.  Most Devices will not transition between Wi-Fi and the wireless Network.  Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the device.

Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase or download with your Device are not sold or offered by UVNV. UVNV is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with the Network without your knowledge, which may result in additional charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. UVNV is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.

Use of Information. If you visit any third party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal or company information or require the Carrier to disclose your information, including location information (when applicable) to the Content & Apps Reseller or some other third party.  If you access or use any Content & Apps through UVNV's Service, you agree and authorize UVNV and the Carrier to provide information related to such use. You understand that your use of a third party app is subject to the third party's terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner's privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

Your Device may connect to another provider's network even when you are within the UVNV coverage area. Check your Device to determine if you are roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for roaming usage, and your quality and availability of service may vary significantly.  If made available, our roaming charges and rates are subject to change at any time.

Prioritization. To provide the best possible experience for the most possible Resellers and End Users on UVNV branded Rate Plans, for the vast majority of Rate Plans, UVNV or Carrier may prioritize the data usage of a small percentage of our heavy data users, specifically those using more than 30GB of data in a billing cycle, below that of other data users. This threshold number is periodically evaluated and may change over time. UVNV or Carrier also may prioritize the data of Resellers or End Users who choose certain Rate Plans after the data for other UVNV branded Rate Plans, but before Resellers or End Users who are prioritized as heavy data users. Resellers or End Users whose data is prioritized lower may notice speeds lower than those users with higher priority in times and locations where there are competing demands for Network resources. UVNV or Carrier may prioritize smartphone and mobile internet (tablet) over Smartphone Mobile HotSpot (tethering) traffic on the Network.

Streaming video optimization technology may be used in the Network to help minimize data consumption while also improving the service experience for all users.

Additionally, UVNV or Carrier may implement other Network practices to ensure optimized Network performance as technologies evolve.

*What are the permitted and prohibited uses for my Device and the Services?

The wireless Network is a shared resource, which is managed for the benefit of all of our users. Your Data Plan is intended for Web browsing, messaging, and similar activities. Certain activities and uses of our Services and your Device are permitted and others are not. For examples of permitted and prohibited uses, please refer to our Acceptable Use Policy and the Examples of Prohibited Uses of the Service section in these UVNV T&Cs. If you buy, lease, or finance a Device manufactured for use on the Network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the Device, or assist anyone doing so.

*What happens if my Device is lost or stolen?

You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Rate Plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network. California Customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the charges.

*How will I be billed for use of the Services?

You agree to pay all Charges we assess and bill you or that were accepted or processed through all Devices on your account.

Off-Rate Plan Charges. You may have to pay extra for calls to some numbers (e.g., conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.). You agree to provide us with accurate and complete billing and tax related information and to report all changes within 30 days of the change.

What if I don't pay on time?

We may charge a late fee of the greater of 1.5% per month (18% annually), subject to the maximum allowed by law. If you fail to pay on time and we refer your account to a third party for collection, a collection fee will be assessed by UVNV and will be due at the time of the referral to the third party. The fee will be calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees.  Late payment, non-payment and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our Customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.

*License. If available, your Device's Software is licensed, not sold, to you by UVNV and/or other licensors for use as intended by the approved Service Application(s) in the Agreement. You may only use the Software as authorized by its license. Your Device's “Software” includes its software, interfaces, documentation, data, and Content & Apps, as each may be updated or replaced by feature enhancements or other updates.

*Your Consent to be Contacted. We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or Service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that UVNV, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, using an automatic telephone dialing system to place calls or send messages, or alerts, or using an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account or expiration of the Agreement.

Emergency Alerts. UVNV participates in the wireless emergency alerts program administered by the federal government within portions of its Network. This allows federal, state, and local government agencies to send alerts about local emergencies to Customers in specifically defined geographic areas. Wireless alert capable Devices with appropriate notification settings are required for the service. There is no additional charge for these wireless emergency alerts.

911 Access. 911 services are made possible by your state and local government. Check to see if your Devices are capable of making calls to 911 in the United States. The Device must have battery power and Network connectivity to complete a 911 call. When making 911 calls, you should be prepared to provide information about where you are located. In some cases, 911 communications center operators may not know your phone number or have information about your location. Other third-party entities are involved in connecting a 911 call and UVNV does not determine the public safety agency to which your 911 call is routed. If you are porting a phone number to or from us, while the port is in process, we may not be able to provide you with some Services, such as 911 location services. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.

Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty (30) days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address: UVNV, Inc., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, Attn: Customer Service. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.

*DISCLAIMER OF WARRANTIES. Except for the express warranties in the Agreement and any written warranty that may be provided with a UVNV Device you purchase from us, and to the extent permitted by law, the Services and Devices are provided on an as is” and “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Service or your Device. We can't and don't promise uninterrupted or error-free service and don't authorize anyone to make any warranties on our behalf. This doesn't deprive you of any warranty rights you may have against anyone else. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.

Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third party products. When using these products, we are not responsible for the availability or reliability of 911 calls or text to 911 messages, or if inaccurate location information is provided to the 911 Communications Center. We cannot assure you that if you place a 911 call or text you will be found.

We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if charges for Content & Apps appear on your UVNV bill. You are responsible for maintaining virus and other Internet security protections when accessing third party Content & Apps or other services.

Additional Software License Terms. Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferable from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree the Software contains proprietary content and information owned by UVNV, its licensors, and/or other third parties. UVNV, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms UVNV, its licensors, and/or other third parties, that this harm cannot be fully redressed by money damages, and that UVNV, its licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.

ADDITIONAL TERMS

If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.

You can't assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement.

The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents.

The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.

ACCEPTABLE USE POLICY

The Acceptable Use Policy (“Acceptable Use Policy”) in Exhibit C is incorporated by reference into the Reseller Master Services Agreement and binding on Reseller and its End Users. Reseller will enter into terms of service with End Users which are at least as restrictive as the Acceptable Use Policy in this Exhibit C.

Examples of permitted and prohibited uses of the Service and Your Device

Permitted uses include:

  • Voice calls;
  • Web browsing;
  • Messaging;
  • Email;
  • Streaming music;
  • Uploading and downloading applications and content to and from the Internet or third party stores;
  • Using applications and content without excessively contributing to network congestion; and
  • Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan.

Except as may be specifically authorized by UVNV in Reseller's approved Service Application or unless explicitly permitted by your Rate Plan or Data Plan, you are not permitted to use your Device or the Services in a way that we determine:

  • Uses a repeater or signal booster other than one we provide to you;
  • Uses the Service for Machine to Machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments;
  • Uses the Service for the sale of any type of calling card product or service, including, but not limited to, any ‘grab-and-go’ or rechargeable product with a pin code that allows the End User to purchase and/or refill minutes, internet access features or service;
  • Uses, or attempts to use, the Service for voice communications on a non-UVNV branded (white label) SIM card, or in any manner that creates, or appears to create a new “brand” of wireless service;
  • Uses the Service for monitoring third parties without their permission, including, but not limited to, prisoner and parolee monitoring;
  • Uses Devices that utilizes a UVNV SIM to make voice calls primarily over a Wi-Fi network, including, without limitation, the use of any existing UVNV add-on feature that allows Wi-Fi calling capability; Use Devices that utilizes a UVNV SIM to make voice calls primarily over a Wi-Fi network. Wi-Fi calling capability may be offered on a UVNV SIM with a voice Rate Plan as an ancillary offering only;
  • Modifies the Service in any manner, including, but not limited to, combining to include any Reseller or third-party products, services, features or functionalities that are not included in the Service standing alone (“Bundled Service”) without prior written approval from a UVNV Vice President;
  • Resells the Service or Devices to any government End User or subscriber, including, but not limited to federal, state, and local governmental entities;
  • Resells the Service or Devices by promoting any specific feature that may be included with the UVNV Rate Plan other than base voice or internet access Service usage allotments that are provided for domestic use with each rate plan.
  • Compromises Network security or capacity, degrades Network performance, uses malicious software or “malware”, hinders other customers’ access to the Network, or otherwise adversely impacts Network service levels or legitimate data flows;
  • Uses applications which automatically consume unreasonable amounts of available Network capacity;
  • Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades Network capacity or functionality;
  • Misuses the Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
  • Accesses the accounts of others without authority;
  • Results in more than 50% of your voice and/or data usage being Off-Net (i.e., connected to another provider's Network) for any 2 billing cycles within any 12-month period;
  • Results in unusually high usage (specifically, more than 50GB (updated periodically) in a month) and the majority of your data usage being Smartphone Mobile HotSpot (tethering) usage for any 3 billing cycles within any 6-month period;
  • Resells the Service without authorization, either alone or as part of any other good or service;
  • Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone's intellectual property rights;
  • Causes harm or adversely affects us, the Network, our customers, employees, business, or any other person;
  • Conflicts with applicable law;
  • Is not in accordance with the UVNV T&Cs;
  • Attempts or assists or facilitates anyone else in any of the above activities; or
  • In other ways as we may describe from time to time.

PRIVACY POLICY

The following sets forth the Privacy Policy ("Privacy Policy") of UVNV and is incorporated into and made a part of the Reseller Master Services Agreement (the “Agreement”).

Purpose of Privacy Policy

Your privacy is important to UVNV. Accordingly, UVNV provides this Privacy Policy so you understand how UVNV collects, uses and, in certain circumstances, discloses the information that you provide and/or that is automatically provided to UVNV as a result of your visiting and using the Plum web site, the IoT Portal, or any other website or portal owned and operated by UVNV (collectively, the “Sites”), or purchasing or using the Services.  This Privacy Policy also explains your options regarding the collection, use and disclosure of your personal information. UVNV is not responsible for the content or privacy practices on any third-party web site that may be linked to or from the Sites. If you do not agree with the policies outlined in this Privacy Policy, do not visit our Sites our use our Services. By using our Sites or Services, you agree to UVNV's data handling practices outlined in this Privacy Policy.

Any questions regarding this Privacy Policy should be directed to:

Attn: Privacy Policy Officer
UVNV, Inc.
PO Box 28673
Santa Ana, CA 92799
Email: info@ultra.me

Collection and Use of Personal Information

Personal information is information that identifies or is associated with a specific individual, such as a name, address, email address, or telephone number. UVNV collects personal information about Resellers, End Users, and other individuals. The ways in which we collect personal information about you include, but are not limited to, the following:

  • Registration and Ordering. Before using certain parts of the Sites or purchasing Services, you must complete an online registration form or provide certain information to UVNV's representatives. During registration (whether via the Sites or otherwise), you will be prompted to provide to UVNV certain personal information, which may include, but is not limited to, your name, billing address(es),  phone number, port-in phone number, email address, and credit card number. This personal information is used for billing purposes, fulfilling your orders, communicating with you about your order or the services, and for marketing purposes.
  • User Submissions. Certain locations in the Sites may permit you to enter your email address and other contact information to receive further information about UVNV or for other purposes. Your submissions for these purposes are completely voluntary, so you have a choice whether to participate and disclose information to UVNV. Should you choose to submit information in response to these requests, UVNV may collect and use your name, email address, geographic location and other information submitted on the Sites to market UVNV's (including Affiliates’) products and services.
  • Automatically Generated and Collected Information. In addition to information that you volunteer as described above, the Sites may utilize technologies to collect information and track your user experience. UVNV will use this information to improve the Sites and user experience. In addition, the Sites automatically recognizes the Internet URL from which you access the Sites and may also log your Internet protocol (“IP”) address (which may indicate the location of your computer on the Internet), Internet service provider, and date/time stamp for system administration, order verification, marketing,  and system troubleshooting purposes. In addition, all wireless communication systems know when your Device is turned on and approximately where the device is physically located.
  • Information from Third Parties. We may obtain information about you and combine it with your account information. See the table for more information on how we may use this information.

Generally, UVNV collects the above information for the following purposes: (i) to improve your experience on the Sites; (ii) to improve the products and services that UVNV sells; (iii) to communicate with you regarding the Sites; (iv) to market and sell products and services to you and send you information about special offers; (v) to contact you about products or services you have purchased from UVNV; (vi) to respond to your inquiries; (vii) to manage and develop our business and operations, administer accounts, and collect and process payments; and (viii)  to communicate with you about your account.

UVNV will not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to third parties, except that: (1) UVNV uses third parties to perform specific functions on its behalf and it must disclose information to help those parties perform their services (for example, UVNV would disclose your name, address and phone number to a commercial carrier such as Federal Express or UPS in order to deliver a physical product that you order); (2) UVNV must disclose your name and credit card number and information to financial services and credit card processing companies in order to process your orders; (3) UVNV may be required to disclose such information in response to a legal process, order or investigation (for example, a subpoena or court order); (4) UVNV may disclose personal information where disclosure is necessary to protect its legal rights or to protect itself or others (for example, in order to reduce the risk of fraud or illegal activities); (5) UVNV may share such information amongst the Affiliates for the purpose of marketing products and services to you; (6) UVNV may provide identity verification services to third parties and your personal information may be included in the data transferred to third parties in connection with those services; and (7) UVNV may acquire, merge with or be acquired by another company or it might sell some or all of its assets, and, in such a case, your personal information may be included in the transferred business assets. Also, in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be included in the transferred assets. UVNV may sell, rent, trade, license, use and disclose all non- personal information and aggregate information, so long as such information does not personally identify you or any user, to any third party for any purpose, including, but not limited to, research and analytical purposes.

Cookies

Cookies are pieces of information that may be placed on your computer by a Sites for the purpose of facilitating and enhancing your communications and interaction with that Sites. Cookies may possibly be used for such things as: (1) to customize your visitation and shopping experience; (2) to deliver content consistent with your stated interests; (3) to provide you with custom-tailored content; or (4) to save your password in password-protected areas. The use of cookies is an industry standard — you will find them at most major Sites. Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Sites will not function properly if you do so. Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us. However, once you choose to furnish the Sites with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand usage of the Sites and to improve the content and offerings on our Sites. In addition, we may utilize web beacons to recognize you when you visit the Sites. We may also use other technologies, currently available or which may become available in the future, to provide us with other important anonymous information regarding the use of our Sites.

Consumer Proprietary Network Information

Under federal law, you have a right, and UVNV has a duty, to protect the confidentiality of information regarding your use of the Services, the calls you place and the location of your Device on the Network when you make a telephone call. This information is referred to as, among other things, “Customer Proprietary Network Information.” We may share Customer Proprietary Network Information with Affiliates; provided, however, that we will first notify you of your rights under applicable law, describe how we intend to use the Customer Proprietary Network Information, and give you an opportunity to opt out of such use (or opt in, to the extent required by applicable law). Resellers are responsible for complying with federal regulations regarding End User Customer Proprietary Network Information.

Children's Online Privacy Protection Act

Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information, personal or otherwise, to or on any of our Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, make any purchases, use any of the interactive features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address above.

Revisions

From time to time, we may revise the Privacy Policy. Your use of the Sites or Services following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we recommend that you check the Privacy Policy periodically. If you disagree with the terms of the Privacy Policy at any time, your sole remedy is to terminate your use of the Sites and Services. Continued use of the Sites or Services constitutes your agreement to any Privacy Policy as in effect.

Severability

If any part of the Privacy Policy is determined to be invalid or unenforceable by any arbitrator, court of competent jurisdiction or applicable law, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law.

California Subscriber Rights

As of January 1, 2021 if you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 (the “CCPA”). A description of your rights and disclosures about how we process your personal information are below.

The CCPA will give California residents certain rights regarding their data, including:

  • The right to know the categories of personal information we've collected and the categories of sources from which we got the information (see Information collected by UVNV and the chart just below)
  • The right to know the business purposes for sharing personal information (see Why UVNV uses your information)
  • The right to know the categories of third parties with whom we've shared personal information (see Sharing your information)
  • The right to access the specific pieces of personal information we've collected and the right to delete your information (see Privacy tools and choices)

California residents will also have the right to not be discriminated against if they exercise their rights under the CCPA.

Before we honor your rights to request information or delete information, we must verify your or your authorized agent's identity. In certain cases, we may require you to provide additional information in order to verify your request.

UVNV does not sell your personal information, but we may disclose your personal information to service providers who support our operations.

Categories of Personal Information under the California Consumer Privacy Act

Privacy tools and choices

For CCPA related requests, please submit a request to your UVNV representative

Call 1.888.777.0446

What to expect once you submit a request?

UVNV will confirm receipt of the request within 10 days via email address you provided.

RESELLER TERMS & CONDITIONS

These Reseller Terms & Conditions (“Reseller Terms & Conditions”) are part of the Reseller Master Services Agreement (“Agreement”) you entered into with UVNV and constitute part of the binding terms under which we provide you Service. The Agreement includes other legally binding terms that you accept when you accept the Agreement. Your acceptance of the Agreement is also an acceptance of these Reseller Terms & Conditions, which are incorporated into the Agreement.  1. Resellers are restricted from any further sale or resale of the Services, except as part of a Service Application approved by UVNV and sold only to End Users. The End User's service contract and relationship regarding the Service Application must be with the Reseller.  Reseller may not sell the Service Application to Excluded Distribution Partners or to any other person or entity for the purpose of that person or entity re-selling the Service Application under its own brand or pursuant to a service contract between the Reseller or End User and any person other than the reseller.  Without limitation, Reseller will not sell the Services to any wholesaler or reseller.  

  • Reseller will distribute Service Application to End Users in accordance with the terms of the Agreement (including without limitation any regulatory restrictions) and only in the Authorized Areas. Reseller will not sell or provide access to the Service Application to End Users outside the Authorized Areas.
  • Reseller will require all End Users to agree to terms of service which include the Mandatory End User Contract Terms set forth in Exhibit F of this Agreement.
  • Reseller will not make any representations or warranties to third parties on UVNV or T-Mobile's behalf.
  • Reseller is not authorized to act as an agent for or legal representative of UVNV or T-Mobile and does not have the authority to assume or create any obligation on behalf of, in the name of, or that will be binding upon, UVNV or T-Mobile.  
  • Reseller may not assign its rights or delegate its obligations under the Agreement without UVNV's prior written approval.
  • T-Mobile has no obligations to Reseller.
  • Reseller will under no circumstances have any claims against T-Mobile, and Reseller agrees not to sue T-Mobile in connection with any of its rights in operating as a reseller.  
  • Reseller's sole remedies are against UVNV.
  • Reseller will not use any intellectual property of T-Mobile, including but not limited to any T-Mobile name, tradename, mark, trademark, service mark, trade dress (including color, design, brand, and logo), copyrights, patents, inventions, “moral rights,” mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights, without T-Mobile's prior written consent, which may be withheld in its sole discretion.
  • The Agreement can be terminated by UVNV if the Reseller fails to include the Mandatory End User Contract Terms in its agreements with End Users, the Reseller sells the Service in any offering that has not been approved by UVNV as a Service Application, or if there is a filing of any criminal indictment or information against the Resellers or its proprietors, partners, officers, directors or shareholders (to the extent such shareholders control in the aggregate or individual 10% or more of the voting rights or equity interests of the Reseller).

MANDATORY END USER CONTRACT TERMS & CONDITIONS

Reseller will enter into terms of service with End Users which are at least as restrictive as the Mandatory End User Contract Terms & Conditions in this Exhibit F.

  • End User has no contractual relationship with, and is not a third-party beneficiary of, any agreement between Reseller and UVNV or UVNV and the Carrier. End User agrees that the wireless service carrier or Reseller will have no legal, equitable or other liability of any kind to the End User.
  • Subject to FCC Number portability rules, End User has no property or other rights in any assigned Number and such Number can be changed at any time.
  • End User understands Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. End User agrees that the wireless service carrier or Reseller will not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Authorized Areas.  
  • End User understands that the wireless service carrier or Reseller cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.
  • End User understands and agrees that the liability and obligations of Reseller to End User under the End User agreement for Services may be strictly controlled and limited by the wireless service carrier's tariff, if any, and the laws, rules and regulations of the FCC and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, End User's exclusive remedy and the total liability of the wireless service carrier, Reseller, and/or any supplier of services to Reseller arising in any way in connection with the End User agreement, for any cause whatsoever, including, but not limited to, any failure or disruption of Service provided, will be limited to payment by Resellerof damages in an amount equal to the amount charged to End User for the Service provided under this End User agreement. In no event will Reseller and/or the wireless service carrier be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.
  • Reseller and/or the wireless service carrier will not be liable for the failure or incompatibility of Devices in connection with the Service. End User will use Devices at its own risk.
  • End User will indemnify, defend and hold Reseller, the wireless service carrier and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the End User agreement; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision will survive the termination of the End User agreement.
  • End User acknowledges that the End User agreement is assignable by Reseller.
  • Service may be temporarily suspended or permanently terminated without notice if Reseller's agreement with the wireless service carrier is terminated for any reason, or the End User violates the Network rules and policies. End User waives any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.  
  • End User will not engage in any of the actions described in Section 7.10 of the Agreement.
  • End User will not Activate the Service outside of the Authorized Areas.

MANDATORY END USER CONTRACT TERMS & CONDITIONS FOR BUNDLED IoT OFFERINGS

With respect to Bundled IoT Offerings, in addition to the Mandatory End User Contract Terms & Conditions in Exhibit F, Reseller will include the following binding terms in its contracts with End Users:

  • End User will not use the Bundled IoT Offering in any way that:
  • compromises network security or capacity, degrades network performance, uses malicious software or malware, hinders other users’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
  • violates applicable law (including “spam” laws); or
  • attempts or assists or facilitates anyone else in any of the above activities.
  • End User has no contractual relationship with the Carrier and End User is not a third-party beneficiary of any agreement between the provider of the Bundled IoT Offering and the Carrier. End User understands and agrees that the Carrier will have no legal, equitable or other liability of any kind to End User.
  • Subject to FCC number portability rules, End User has no property or other rights in any number assigned to it and End User understands that any such number can be changed from time to time.
  • End User acknowledges that the IoT Services may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of a transmission network. End User agrees that the Carrier will not be responsible for such interruptions of the IoT Services or the inability to use the IoT Services within or outside the Territory. End User understands that the Carrier and any other wireless service carriers cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of IoT Services Service.
  • End User expressly understands and agrees that the liability and obligations of UVNV to End User under the agreement for the Bundled IoT Offering may be strictly controlled and limited by the Carrier's tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction.
  • In no event will the Carrier be liable for the failure or incompatibility of Equipment utilized by End User in connection with the IoT Services.  End User will use Equipment at its own risk.
  • End User understands and agrees that personal data generated or collected by the provider of the Bundled IoT Offering or any IoT Solution will be governed by such provider's privacy and data security policy, as amended from time to time, and that any and all claims regarding use of personal data will be governed by the terms agreed between End User and that provider.
  • End User will indemnify, defend and hold the Carrier and the officers, employees and agents of the Carrier harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the agreement or the provision or use of the Bundled IoT Offering. This provision will survive the termination of the agreement.
  • End User acknowledges that the agreement is assignable by the provider of the Bundled IoT Offering.
  • IoT Services may be temporarily suspended or permanently terminated without notice in the event that UVNV's agreement with the Carrier is terminated or otherwise permits suspension or termination or in the event the End User violates the Carrier's Terms and Conditions or other Network rules and policies. End User waives any and all claims against the Carrier or the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.